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Showing results for LSCR volume 19 LSCR issue 7
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CONTRACTS

1.Five year peremptive period applied to claim against subcontractor.
Charles Ebinger v. Venus Construction Corp., 2010-C-2516 (La. 07/01/11) [14 pp.]
From LSCR Volume 19, Issue 7
In 1995, plaintiffs contracted with defendant to build a home in Lafayette. They obtained a certificate of occupancy in April 1997. They filed suit in October 2003 under the New Home Warranty Act, L... view full summary
MEDICAL MALPRACTICE

2.Medical review panel opinion was inadmissible, but error was harmless.
Margie McGlothlin v. Christus St. Patrick Hospital, 2010-C-2775 (La. 07/01/11) [33 pp.]
From LSCR Volume 19, Issue 7
Plaintiff was admitted to Christus St. Patrick Hospital for bilateral total knee replacement surgery in 1999. The surgery was successful, but her patella was dislocated during her stay in the rehabi... view full summary
TORTS

3.State employees may assert Jones Act claims against State.
Desi Fulmer v. State, 2010-C-2779 (La. 07/01/11) [14 pp.]
From LSCR Volume 19, Issue 7
Plaintiff was employed by the State of Louisiana, Department of Wildlife and Fisheries, and was assigned to the crew of a state-owned vessel in navigation. He allegedly sustained serious injuries to... view full summary
4.DOTD not liable in overturned backhoe case.
Lola Brooks v. State, 2010-C-1908 (La. 07/01/11) [19 pp.]
From LSCR Volume 19, Issue 7
Jesse Brooks, Jr. was employed as an operating engineer in an industrial area of St. Gabriel. He was driving a backhoe on the shoulder of Highway 30 to deliver it to another company a short distance... view full summary
BAR / DISCIPLINARY / ETHICS

5.Violations of financial disclosure requirement not willful and knowing.
In Re: Justice of the Peace Kevin J. Hoffman, 2011-O-0417 (La. 07/01/11) [10 pp.]
From LSCR Volume 19, Issue 7
The Court recently promulgated Supreme Court Rule XXXIX, which requires for the first time the filing of annual personal financial disclosure statements by judges and justices of the peace. The rule... view full summary
6.
In Re: Justice of the Peace Charles Flaherty, 2011-O-0418 (La. 07/01/11) [10 pp.]
From LSCR Volume 19, Issue 7
Similarly, the Court found Justice of the Peace Charles Flaherty failed to file his 2009 financial disclosures. Flaherty was elected the justice of the peace for LaSalle Parish, District 3. The Cour... view full summary
7.
In Re: Justice of the Peace Randy Thomas, Jr., 2011-O-0572 (La. 07/01/11) [8 pp.]
From LSCR Volume 19, Issue 7
This third case regarding the failure of a justice of the peace to file 2009 financial disclosures concerned Justice of the Peace Randy Thomas, Jr., elected for Red River Parish, Dis... view full summary
8.Judge Badeaux publically censured for failure to recuse.
In Re: Judge Reginald T. Badeaux, III, 2011-O-0214 (La. 07/01/11) [12 pp.]
From LSCR Volume 19, Issue 7
In May 2006, Mary Sinclair filed a petition in the 22nd JDC seeking a divorce from her husband, Cayman Sinclair, and joint custody of their minor son, Cole. The case was randomly assigned to Judge R... view full summary
INSURANCE

9.Policy defenses not waived when duty to defend was breached.
Daniel Arceneaux v. Amstar Corp., 2010-C-2329 (La. 07/01/11) [27 pp.]
From LSCR Volume 19, Issue 7
In 1999, four employees of Tate & Lyle North America Sugars, Inc. (T&L) filed a cumulated action against T&L for damages from noise exposure during their employment with T&L at its Domino Sugar Refi... view full summary
CIVIL PROCEDURE

10.Summary judgment justified where plaintiff failed to comply with art. 966(B).
Rebecca Sims v. Tonya Hawkins-Sheppard, M.D., 2011-C-0678 (La. 07/01/11) [7 pp.]
From LSCR Volume 19, Issue 7
In 2007, plaintiff filed a complaint against defendant with the Louisiana Patients Compensation Fund alleging that defendant committed medical malpractice during the delivery of plaintiff's child. T... view full summary
11.Court clarifies confusing rules regarding service of process on State.
Regina Marie Whitley v. State, 2011-CC-0040 (07/01/11) [21 pp.]
From LSCR Volume 19, Issue 7
Plaintiff brought this medical malpractice action alleging that she received negligent treatment at Louisiana State University Health Services Center -- Medical Center of Louisiana at Ne... view full summary
12.More clarification regarding service on State.
Shawn Burnett v. James Construction Group, 2010-CC-2608 (La. 07/01/11) [7 pp.]
From LSCR Volume 19, Issue 7
To recover damages as a result of an automobile accident, plaintiff sued various entities, including the State of Louisiana, Department of Transportation and Development (DOTD). He requested service... view full summary
STATE AND LOCAL GOVERNMENT

13.Open Meetings Law violation not timely pled.
B.W. Greemon v. City of Bossier City, 2010-C-2828 c/w 2011-C-0039 (La. 07/01/11) [17 pp.]
From LSCR Volume 19, Issue 7
Plaintiff was a paramedic with the Bossier City Fire Department when he responded to a call to assist Eric Holloway, who was in police custody. Plaintiff was informed that Holloway had consumed as m... view full summary
DOMESTIC RELATIONS

14.Section 9:3511 is not an exception to Bergeron change of custody requirements.
Jason Ted Gray v. Christy Lynn Winnon Gray, 2011-CJ-0548 (La. 07/01/11) [28 pp.]
From LSCR Volume 19, Issue 7
Jason and Christy Gray were married in 1999. Their son, Jayden, was born in 2001, and they divorced in 2005. Pursuant to a consent judgment, the district court awarded joint custody of Jayden, ... view full summary
CRIMINAL

15.Probable cause existed to obtain search warrant.
State v. Joel Williams, 2011-KK-1269 (La. 06/27/11) [4 pp.]
From LSCR Volume 19, Issue 7
A confidential informant told police that defendant was trafficking in cocaine and using his residence to store illegal narcotics and currency. Police also witnessed the controlled purchase of narco... view full summary
16.Newly assigned judge and prosecutor bound by prior stipulations.
State v. Darryl Griffin, 2011-KK-1227 (La. 06/29/11) [1 p.]
From LSCR Volume 19, Issue 7
Defendant was faced with a gun charge and a charge of attempted murder. A prosecutor stipulated in open court that the charges could not be tried together, and the district court ruled the charges ... view full summary
17.Sex Offender Assessment Panel statute upheld.
State v. Bryan Golston, 2010-KA-2804 (La. 07/01/11) [25 pp.]
From LSCR Volume 19, Issue 7
Defendants in five consolidated cases challenged the constitutionality of La. R.S. Section 15:560, which creates Louisiana's Sex Offender Assessment Panel (SOAP) process. Under the statute, if an... view full summary
18.Partial waiver of right to counsel was valid.
State v. John W. Mathieu, 2010-K-2421 (La. 07/01/11) [15 pp.]
From LSCR Volume 19, Issue 7
Defendant confronted his ex-wife in the parking lot of a Walgreens drug store in Gretna, forced her into her car while armed with a handgun, drove her to Mississippi, and returned to Gretna, where s... view full summary
19.20 year DWI sentence reinstated.
State v. Mervin Patrick White, 2010-K-1799 (La. 07/01/11) [10 pp.]
From LSCR Volume 19, Issue 7
A state trooper found defendant slumped over the wheel of his truck on the Westbank Expressway in Gretna. The truck was running and in gear, but not moving forward because defendant's foot was press... view full summary